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Mehman Huseynov Sentenced

On 17 October 2018, Baku Court of Appeal dismissed the appeal against the denial of parole of human rights defender and journalist Mehman Huseynov.

On 25 June 2018, Azerbaijan’s Supreme Court upheld Mehman Huseynov’s two year sentence for “slander, which equates to an accusation of committing a very serious crime”, which was handed down to him in December 2017.

On 15 December 2017, Baku Court of Appeal upheld a two years sentence handed down to human rights defender and journalist Mehman Huseynov in March.

About Mehman Huseynov

Mehman Huseynov is an Azerbaijani human rights defender and journalist who documents the extensive corrupt practices and violations of human rights in Azerbaijan. Mehman Huseynov is the editor-in-chief of the SANCAQ, a socio-political magazine, which is active on Facebook, YouTube and Instagram. He is also Chairman of the Institute for Reporters’ Freedom and Safety (IRFS), an Azerbaijani human rights organisation that campaigns for freedom of expression and freedom of information. His recent campaign, “Hunt for Corrupt Officials”, exposes documented corruption in the high echelons of Azerbaijan’s ruling establishment.

On 17 October 2018, Baku Court of Appeal dismissed the appeal against the denial of parole of human rights defender and journalist Mehman Huseynov. The human rights defender reports that the administration of the prison where he is serving his sentence is applying psychological pressure against him.

On 24 August 2018, Garadagh District Court dismissed the human rights defender’s application for parole on the grounds of his ”insincere behavior in relation to the staff”, “unsatisfactory attitude to work” and “insufficient participation in cultural events” of the penitentiary institution. According to his lawyer, these grounds do not justify the denial of parole.

On 6 August 2018, Mehman Huseynov was allowed to leave the prison in order to be present at his mother’s funeral. However, he was denied to visit his sick mother before her death.

Front Line Defenders believes that the sentencing of Mehman Huseynov is directly linked to his legitimate and peaceful human rights work and expresses its concern about the psychological integrity of Mehman Huseynov while in detention.

6 July 2018

Supreme Court upholds the two year sentence of Mehman Huseynov

On 25 June 2018, Azerbaijan’s Supreme Court upheld Mehman Huseynov’s two year sentence for “slander, which equates to an accusation of committing a very serious crime”, which was handed down to him in December 2017. He did not attend the hearing to protest the sentence. The lawsuit was brought by the chief of Baku police after Mehman Huseynov accused the police of abducting and beating him. This was his second appeal to the Supreme Court.

Mehman Huseynov was arrested on 9 January 2017 when five off-duty policemen in plainclothes forcibly dragged him to an unmarked vehicle where his mouth was sealed with tape, a bag was put over his head and he was beaten and tasered. On 10 January 2017, Mehman Huseynov was tried in a closed hearing and found guilty, by Nasimi District Court of Baku, of committing “disobedience of a lawful order by police officers”, on the basis of false charges. Mehman Huseynov was sentenced to a 200 manat fine (approximately €105). The chief of Baku police subsequently filed a lawsuit against Mehman Huseynov accusing him of spreading false information about his abduction and ill-treatment.

On 3 March 2017, the Surakhansky District Court of Baku found Mehman Huseynov guilty of “slander, which equates to an accusation of committing a very serious crime” under Part 2 of Article 147 of the Criminal Code of Azerbaijan and sentenced him to two years imprisonment. The human rights defender appealed this decision to the Appeals Court of Baku but his appeal was rejected. On 15 May 2017, his lawyer appealed the verdict before Azerbaijan’s Supreme Court, which, in a hearing on 29 September 2017, partly satisfied the request and returned the case to the lower court for a second examination. On 18 December 2017, the Baku Court of Appeals upheld once again the two year sentence. Mehman Huseyinov’s lawyers appealed the verdict before the Supreme Court for the second time, but on 25 June 2018 the Supreme Court upheld the two years sentence against Mehman Huseynow on charges of slander. His lawyer stated that they wish to take the case to the European Court of Human Rights.

18 December 2017

Baku Court of Appeal upholds two year sentence of Mehman Huseynov

On 15 December 2017, Baku Court of Appeal upheld a two years sentence handed down to human rights defender and journalist Mehman Huseynov in March.

Mehman Huseynov is an Azerbaijani human rights defender and journalist who documents corrupt practices and violations of human rights in Azerbaijan. He is the chairman of the Institute for Reporters’ Freedom and Safety (IRFS), an Azerbaijani human rights organisation that campaigns for freedom of expression and freedom of information.

Mehman Huseynov was arrested on 9 January 2017 when five off-duty policemen in plainclothes forcibly dragged the defender to an unmarked vehicle where his mouth was sealed with tape, a bag was put over his head and he was beaten and tasered. On 10 January 2017, Mehman Huseynov was tried in a closed hearing and found guilty, by Nasimi District Court of Baku, of committing an administrative offence under Article 535 part 1, of the Administrative Code of Azerbaijan (disobedience of a lawful order by police officers), on the basis of false charges. Mehman Huseynov was sentenced to a 200 manat fine (approximately 105 euro). The chief of Baku police subsequently filed a lawsuit against Mehman Huseynov accusing him of spreading false information about his detention and ill-treatment.

On 3 March 2017, the Surakhansky District Court of Baku found Mehman Huseynov guilty of “slander, which equates to an accusation of committing a very serious crime” under Part 2 of Article 147 of the Criminal Code of Azerbaijan and sentenced him to two years imprisonment.

On 15 May 2017, his lawyer Elchin Sadikov lodged an appeal to the Azerbaijan Supreme Court, which, in a hearing on 29 September 2017, partly satisfied the request and returned the case to the lower court for second examination. This appeal was rejected on 15 December 2017.

Mehman Huseynov’s legal representatives, Elchin Sadigov, Fuad Agayev, Shahla Humbatova and Alirza Habilovof, indicated that they would file a cassation appeal against the verdict to the Azerbaijan Supreme Court.

4 December 2017

Mehman Huseynov’s next hearing scheduled for 15 December 2017

On 1 December 2017, human rights defender and journalist Mehman Huseynov’s new appeal hearing took place in Baku Court of Appeal.

On 3 March 2017, the Surakhansky District Court of Baku found Mehman Huseynov guilty of “slander, which equates to an accusation of committing a very serious crime” under Part 2 of Article 147 of the Criminal Code of Azerbaijan and sentenced him to two years imprisonment. The human rights defender appealed this decision to the Appeals Court of Baku but it was rejected. On 15 May 2017, his lawyer lodged an appeal to the Supreme Court, which, in a hearing on 29 September 2017, partly satisfied the request and returned the case to the lower court for second examination.

Mehman Huseynov and his lawyers stated that he was being persecuted solely for his blogging and human rights journalism and drew the attention of the Court to a number of video reports about corruption cases involving high-ranking officials and MPs. The human rights defender asked the Court to include these reports as evidence but this request was rejected by the judge.

The next hearing is scheduled to take places at 15:00 pm on 15 December 2017.

23 November 2017

Mehman Huseynov’s next hearing scheduled for 1 December 2017

On 16 November 2017, the Appeals Court of Baku resumed the appeal hearing of human rights defender and journalist Mehman Huseynov.

On 3 March 2017, the Surakhansky District Court of Baku found Mehman Huseynov guilty of “slander, which equates to an accusation of committing a very serious crime” under Part 2 of Article 147 of the Criminal Code of Azerbaijan and sentenced him to two years imprisonment. The human rights defender appealed this decision to the Appeals Court of Baku but it was rejected. On 15 May 2017, his lawyer lodged an appeal to the Supreme Court, which in a hearing on 29 September 2017, partly satisfied the request and returned the case to the lower court for second examination.

The case against the human rights defender relates to his illegal arrest on 9 January 2017. At approximately 8:00 pm that day, in the centre of Baku, five off-duty policemen in plainclothes forcibly dragged Mehman Huseynov to an unmarked vehicle where his mouth was sealed with tape, a bag was put over his head and he was beaten and tasered. Later he was brought to an unknown location where he was beaten further by eight unidentified people. Following this, Mehman Huseynov was brought to the 22nd Nasimi police station and held incommunicado for over twelve hours. Following his statements regarding his torture in police custody, a defamation complaint was filed against him by Nasimi District Police Department’s Chief Musa Musayev.

The lawyers of Mehman Huseynov submitted a motion to view security camera footage on 9 January 2017, from the site where he was first detained and from Nasimi District Police Department where he was later held. In addition, they have requested the Court to ensure that the filer of the private lawsuit, Nasimi District Police Department’s Chief Musa Musayev, attend the proceedings.

The judge denied all motions and set the next hearing for 1 December 2017.

3 March 2017

Mehman Huseynov is sentenced to two years imprisonment on defamation charges

On 3 March 2017, human rights defender and journalist Mehman Huseynov was arrested in the courtroom of Surakhansky district court of Baku and sentenced to two years imprisonment on charges of defamation.

On 3 March 2017, the Surakhansky district court of Baku found Mehman Huseynov guilty of “slander, which equates to an accusation of committing a very serious crime” under part 2 of Article 147 of the Criminal Code of Azerbaijan and sentenced to two years imprisonment. Mehman Huseynov intends to appeal this decision.

The case is connected to the illegal arrest of Mehman Huseynov on 9 January 2017. At approximately 8:00 PM that day, in the centre of Baku, five off-duty policemen in plainclothes forcibly dragged Mehman Huseynov to an unmarked vehicle where his mouth was sealed with tape, a bag was put over his head and he was beaten and tasered. Later he was brought to an unknown location where he was beaten further by eight unidentified people. Following this, Mehman Huseynov was brought to the 22nd Nasimi police station and held incommunicado for over twelve hours. He was falsely accused of disobedience to a lawful order by police officers. On 10 January 2017, Mehman Huseynov was tried in a closed hearing and found guilty, by Nasimi district court of Baku, of committing an administrative offence under Article 535 part 1, of the Administrative Code of Azerbaijan (disobedience to a lawful order by police officers), on the basis of false charges. Mehman Huseynov was sentenced to a 200 manat fine (approximately 105 euro).

Several international organisations issued statements about the illegal detention and ill-treatment of Mehman Huseynov on 9 and 10 January 2017. Mehman Huseynov could not receive a medical examination or medical aid in Azerbaijan since his ID was revoked in 2012 and hospitals refused to accept him. Front Line Defenders and The Georgian Center for Psychosocial and Medical Rehabilitation for Torture Victims sent a team of medical doctors to Baku to conduct a medical and psychological examination of the human rights defender, according to the Istanbul Protocol. The allegations made by Mehman Huseynov regarding inhumane treatment are consistent with the findings of the medical examination and the mental health assessment.

The chief of Baku police has filed a lawsuit against Mehman Huseynov accusing him of spreading false information about his detention and ill-treatment.

Front Line Defenders believes that the sentencing of Mehman Huseynov is directly linked to his legitimate and peaceful human rights work. Front Line Defenders is worried about the physical and psychological integrity of Mehman Huseynov while in detention.

Front Line Defenders urges the authorities in Azerbaijan to:

1. Quash the sentence against Mehman Huseynov and release him as it is believed that it was solely motivated by his legitimate and peaceful work in defence of human rights;

2. Provide the necessary medical treatment for Mehman Huseynov and take all necessary measures to guarantee his physical and psychological integrity and security;

3. Carry out an immediate, thorough and impartial investigation into the assault against Mehman Huseynov, with a view to publishing the results and bringing those responsibleto justice in accordance with international standards;

4. Ensure that the treatment of Mehman Huseynov, while in detention, adheres to the conditions set out in the ‘Body of Principles for the Protection of All Persons under Any Frm of Detention or Imprisonment', adopted by UN General Assembly resolution 43/173 of 9 December 1988;

5. Cease targeting all human rights defenders in Azerbaijan and guarantee in all circumstances that they are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions including judicial harassment.

On 9 January 2017, the human rights journalist, Mr. Mehman Huseynov, was detained by off-duty policemen and held incommunicado overnight. On 10 January 2017, he was falsely charged and found guilty of disobedience to a lawful order by police officers and sentenced to a 200 manat fine in a closed hearing by Nasimi district court of Baku.

At approximately 8:00 PM on 9 January 2017, in the centre of Baku, five off-duty policemen in plain clothes forcibly dragged Mehman Huseynov to an unmarked vehicle where his mouth was sealed with tape, a bag was put over his head and he was beaten and tasered. Later he was brought to an unknown location where he was beaten further by eight unidentified people. After he lost consciousness, an ambulance was called and he received unknown injections.

In the evening of 9 January 2017, Mehman Huseynov's lawyer, Elchin Sadikov, contacted the police headquarters in Baku and was told that his client was not among the people they had detained. The next day he found out that Mehan Huseynov was brought to the 22nd Nasimi police station and held incommunicado for over 12 hours. Mehman Huseynov was falsely accused of disobedience to a lawful order by police officers. Police had allegedly received a complaint from someone who had allegedly hit shoulders with Mehman Huseynov resulting in a quarrel between both parties on the street. On 10 January 2017, Mehman Huseynov was tried in a closed hearing and found guilty, by Nasimi district court of Baku of committing an administrative offence under Article 535 part 1, of the Administrative Code of Azerbaijan (disobedience to a lawful order by police officers), which is a false charge. Mehman Heseynov was sentenced to a 200 manat fine (approximatively 105 euro).

Mehman Huseynov and his lawyer intend to file a complaint against unlawful detention and ill-treatment while in detention.

This is not the first time Mehman Huseynov has been targeted due to his human rights work. Three weeks prior to this incident, a group of unidentified people attempted to kidnap the human rights defender. Mehman Huseynov successfully broke away and escaped from his assailants. This attempted kidnapping took place in public on the street.

Front Line Defenders is gravely concerned about the arbitrary detention, beating and judicial harassment against Mehman Huseynov, which it considers to be in retaliation to his legitimate and peaceful human rights work.

Front Line Defenders urges the authorities in Azerbaijan to:

1. Immediately drop all charges against Mehman Huseynov as it is believed that they are solely motivated by his legitimate and peaceful work in defence of human rights;

2. Carry out an immediate, thorough and impartial investigation into the arbitrary detention and the allegation of ill-treatment against Mehman Huseynov, with a view to publish the results and bring those responsible to justice in accordance with international standards;

3. Take all necessary measures to ensure the physical and psychological security of Mehman Huseynov;

4. Guarantee in all circumstances that all human rights defenders in Azerbaijan are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions.